Questione giuridica chiave
Whether § 19a of the Basel-Landschaft Hospital Act could abolish existing contractual rules on private medical activity immediately upon entry into force.
Decisione estratta
The provision could not be maintained because the legislature failed to respect the contractual trust basis and the existing notice/termination periods.
Motivazione estratta
The doctors' contracts created a protected trust relationship. Although the legislature may generally change the legal framework, it must respect good faith and legitimate expectations, especially where public-law contracts and existing contractual termination rules are concerned. The immediate extinction of the contractual regime without a real transitional arrangement was incompatible with Art. 5(3) and Art. 9 BV.